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NY Court of Appeals Addresses Labor Law § 200 “Means and Methods” Cases

For participants in New York’s construction industry, the distinction between possession of supervisory authority, on the one hand, and the exercise of that authority, on the other, may have significant implications for their...more

Petition Highlights Problem of Third-Party Litigation Funding

Litigation is expensive. Litigants may turn to third-party funding for support. Such litigation financing can raise ethical concerns and has been criticized for exploiting litigants (personal injury plaintiffs in particular)...more

NY Governor Vetoes Grieving Families Act and other Amendments to Expand New York’s Wrongful Death Cause of Action

As of January 30, 2023, Governor Hochul vetoed the New York State Grieving Families Act, which would have overturned century-old law that bars plaintiffs in wrongful death suits from recovering damages to compensate them for...more

All COVID-19 Nursing Home Cases Pending in New York State Courts to be Transferred to Coordinated Proceeding

New York’s Litigation Coordinating Panel (the “Panel”) granted plaintiffs’ request to establish a coordinated proceeding for COVID-19 cases against nursing homes, skilled nursing facilities, and similar healthcare facilities....more

New York Clarifies Rules Surrounding Sanctions in Two Spoliation Cases

The Second Department of the New York State Supreme Court Appellate Division issued two decisions in Phelps-Vachier v. Genovese Drug Stores, Inc. and Milazzo v. Best Mkt. on claims of spoliation of evidence. Both Phelps...more

New York State Court of Appeals Sides with Defendants in Three Labor Law Section 240(1) Cases

New York’s Court of Appeals sided with defendants in three recent decisions in cases alleging violations of New York Labor Law Section 240(1). New York’s Labor Law maintains particularly high standards for defendants that are...more

New York State Comprehensive Insurance Act and Amendments to CPLR 3101(f) Implicate Defendants’ Disclosure Obligations in Civil...

The New York State Comprehensive Insurance Disclosure Act is now in effect. The Act amends CPLR 3101(f), governing disclosure of insurance policy information by defendants and similarly situated parties such as third-party...more

Summary Judgment Denied In Toxic Tort Matter Involving Bladder Cancer and Exposure to O-Toluidine

A New York federal court recently issued a recommended decision denying Defendants’ motions for summary judgment in a toxic tort case involving workplace exposure to ortho-toluidine (“o-toluidine” or “OT”), an aromatic amine...more

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